Renewal/Annuity Certificates

A. MAINTAINING THE VALIDITY OF THE PATENT/USEFUL SOLUTION

  • According to the provisions of Vietnam Intellectual Property Law, patents for inventions and utility solutions will take effect after being granted, the protection term for inventions is 20 years from the filing date and The term of protection for utility solutions is 10 years from the date of filing.
  • In order for an invention patent and utility solution to be valid, the owner needs to pay an annual maintenance fee, and the maintenance fee must be paid within 6 months before the end of the validity period. Late payment of maintenance fees can be accepted within 6 months from the end of the validity period, however, the diploma holder must pay an additional late fee of 10% of the fee calculated for each month of late payment.

Documents required to pay invention/utility solution maintenance fee

  • Declaration to maintain the validity of the protection title
  • Power of attorney (if submitted through a representative)

After receiving the dossier, the NOIP will review and appraise the dossier. If there are no shortcomings, the NOIP will issue a decision to maintain and record it in the National Register of Industrial Property. time of publication in the Industrial Property Official Gazette published monthly.

B. RENEWAL OF TRADEMARK DIPLOMA

– For trademarks, protection begins from the date of issuance of the Trademark Registration Certificate, and the protection term is 10 years from the date of application. Trademark registration certificates do not require annual maintenance fees, but only need to be renewed every 10 years.

– In order for the Trademark Registration Certificate to continue to be valid for the next 10 years, the exclusive trademark owner needs to renew within 06 months before the expiration date of the validity period, which can be extended. The deadline is later than within 06 months from the end of the validity period, however, the certificate holder must pay an additional late fee of 10% of the fee calculated for each month of late payment.

– Documents required to renew the Trademark Registration Certificate

  • Declaration for extension of validity of protection title
  • Power of attorney (if submitted through a representative)
  • Trademark registration certificate (original)

– After receiving the dossier, the NOIP will review and appraise the dossier. If there are no shortcomings, the NOIP will make a decision and record it in the National Register of Industrial Property, and at the same time published in the Industrial Property Official Gazette published monthly.

C. RENEWAL OF INDUSTRIAL DESIGN PATIENT

– For industrial designs, the protection effect begins from the date of issuance of the industrial design patent, the protection term is 5 years from the date of application. Industrial design patents do not have to pay annual maintenance fees, but only need to be renewed every 5 years, with a maximum of 2 consecutive renewals. Thus, the total maximum period of protection for industrial designs is 15 years.

– In order for an industrial design patent to continue to be valid for the next 5 years, the industrial design exclusive owner needs to renew within 6 months before the expiration date, with Can be extended later within 6 months from the end of the validity period, however, the certificate holder must pay an additional late fee of 10% of the fee calculated for each month of late payment.

– Documents required to renew industrial design patents.

  • Declaration for extension of validity of protection title
  • Power of attorney (if submitted through a representative)
  • Industrial design patent (original)

– After receiving the dossier, the NOIP will review and appraise the dossier. If there are no shortcomings, the NOIP will make a decision and record it in the National Register of Industrial Property, and at the same time published in the Industrial Property Official Gazette published monthly.

D. RECORDING CHANGES IN NAME AND ADDRESS OF DEGREE HOLDER

– Owner after being granted a certificate (Trademark registration certificate, Industrial design patent, Invention patent, integrated circuit layout design, Instructional use certificate geographical location) If there is a change in name or address, it is necessary to record this change with the Intellectual Property Office.

– Necessary documents to record changes in owner’s name and address

  • Declaration for amendment of protection certificate
  • Power of attorney (if submitted through a representative)
  • Certificate of protection (original)
  • Legal document confirming the change of name and/or address of the holder of the diploma (original or notarized copy)

– After receiving the dossier, the NOIP will review and appraise the dossier. If there are no shortcomings, the NOIP will make a decision and record it in the National Register of Industrial Property. into the protection certificate and at the same time published in the Industrial Property Official Gazette published monthly.

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